ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 July 2019

	DOCKET NUMBER:  AR20170009247


APPLICANT REQUESTS:  his record be corrected to show he was a sergeant (SGT)/E5 at the time of his discharge

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Special Orders Number 245

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he was promoted to the rank/grade of SGT/E5 in September 1969, but his discharge states he was a specialist (SP4)/E4.  He was told his record was burnt.  

3.  The applicant provides Special Orders Number 245, dated 1 September 1968, awarding military occupational specialty 11C40 and withdrawing 11C20.  The orders show his rank as SGT.  

4.  A review of the applicant’s service record shows:

     a.  He was inducted into the Army of the United States on 6 April 1967.

     b.  Unit Orders Number 1, dated 5 January 1968, appointed him from the rank/grade of private first class (PFC)/E-3 to the temporary rank and grade of SP4/E-4.

     c.  In May 1968, while serving as a SP4, he successfully completed the 25th Infantry Division’s (ID) Combat Leaders Course.  

     d.  On 25 March 1969, a request for orders was dispatched from the Fort Polk, Louisiana transition center to the 25th ID seeking a copy of promotion orders pertaining to applicant.  On 31 March 1969, the 25th ID replied by stating that a thorough search of special orders promoting applicant between the dates of 21 August 1968 and 11 September 1968 met with negative results.

     e.  On 4 April 1969, he was released from active duty.  His service was characterized as honorable and he was transferred to the United States Army Reserve to complete the remainder of his obligation.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in:

* Item 5a (Grade, Rate or Rank), SP4 (T)
* Item 5b (Pay Grade), E-4
* Item 6 (Date of Rank), 1 Jan 68
* Item 30 (Remarks), includes the note, “Ref item 5a: PFC A-3 (P) 12 Sep 67”

5.  By regulation, enter grade in which serving at time of separation indicating whether permanent or temporary.  Pay grade will also be shown.  Example:  “MSgt (P) (E-7)” or “MSgt (T) (E-7).”                
   

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  The applicant’s DD Form 214 shows his rank as SPC at the time of his separation, and he authenticated the form with his signature.  Based upon the preponderance of evidence, the Board determined there is insufficient evidence to grant relief as there is no record of orders promoting him to SGT.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 15-185, (Boards, Commissions, and Committees—Army Board for Correction of Military Records), provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for correction of a military record.  Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

3.  AR 635-5, (Personnel Separations—Administrative Separation Procedures and Forms), in effect at the time, established uniform administrative procedures and forms to be used in conjunction with relief from active duty or complete separation from military service.  Instructions for the preparation of DD Form 214 directed entry of the rank and grade in which serving at the time of separation along with indicating whether permanent or temporary.
//NOTHING FOLLOWS//0

ABCMR Record of Proceedings (cont)	 AR20170009247


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